§ 1-2. Definitions and rules of construction.  


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  • In the construction of this Code of Ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the village commission:

    Charter. The term "Charter" shall mean the Charter of the village, as it now exists or as it may be amended in the future.

    Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it shall mean the Code of Ordinances of the Village of Palmetto Bay, Florida, as designated in section 1-1.

    Computation of time. In computing any period of time prescribed or allowed by this Code, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

    County. The term "the county" or "this county" shall mean the Miami-Dade County.

    F.S. The abbreviation "F.S." shall refer to the official Florida Statutes as adopted by the state legislature, as amended.

    Gender. Gender-specific language includes the other gender and neuter.

    Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

    Keeper and proprietor. The terms "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or a servant, agent or employee.

    Month. The term "month" shall mean a calendar month.

    Number. The singular includes the plural and vice versa.

    Oath. The term "oath" shall be construed to include an affirmation, and the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

    Officers, agencies. Whenever any officer, employee, department, board, commission or agency is referred to by title only, such reference shall be construed as if followed by the words "of the Village of Palmetto Bay, Florida."

    Or, and. The word "or" may be read "and," and the word "and" may be read "or" if the sense requires it.

    Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

    Person. The term "person" is meant to include individual natural persons, children, firms, estates, partnerships, business trusts, joint adventures, syndicates, fiduciaries, joint ventures, societies, associations, incorporated associations, clubs, trustees, trusts, corporations, companies and organizations of any kind, and any other similar entity and all other groups or combinations, and any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for themselves, or for any other person, under either personal appointment or pursuant to law.

    Personal property. The term "personal property" includes every species of property except real property.

    Property. The term "property" shall include real and personal property.

    Real property. The term "real property" includes lands, tenements and hereditaments.

    Shall, may. The term "shall" is mandatory; the term "may" is permissive.

    Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

    State. The term "the state" or "this state" shall be construed to mean the State of Florida.

    Street or highway. The term "street" or "highway" means:

    (1)

    The entire width between the boundary lines of every way or place of whatever nature when any part is open to the use of the public for purposes of vehicular traffic;

    (2)

    The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited-access road owned or controlled by a special district, whenever, by written agreement entered into under F.S. § 316.006(2)(b) or (3)(b), a village or municipality exercises traffic control jurisdiction over that way or place;

    (3)

    Any area, such as a runway, taxiway, ramp, clear zone or parking lot, within the boundary of any airport owned by the state, a village, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or

    (4)

    Any way or place used for vehicular traffic on a controlled-access basis within a mobile home park recreation district which has been created under F.S. § 418.30 and the recreational facilities of which district are open to the general public.

    Subordinates. Reference to an officer or agent of the village shall include all duly authorized deputies, assistants and other subordinate officers and employees under the supervision of such officer.

    Tenant. The term "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

    Tense. Words used in the past or present tense include the future as well as the past or present.

    Village. The term "the village" or "this village" shall mean the Village of Palmetto Bay.

    Village commission, commission. The terms "village commission" and "commission" may be used interchangeably, and shall mean the lawfully constituted legislative body of the village.

    Year. The term "year," unqualified, shall mean a calendar year.